Skip to main content

Lund University Publications

LUND UNIVERSITY LIBRARIES

For Whom is the House Kept? Making ICESCR Work to Counter Discrimination Against Migrants and Refugees in Access to Adequate Housing

Atalay, Serde LU orcid (2025) In International Journal of Discrimination and the Law 25(2). p.134-159
Abstract
With a critical focus on the interpretative work of the Committee on Economic, Social and Cultural Rights, this article sets out the parameters of applying non-discrimination under article 2(2) of the International Covenant on Economic, Social and Cultural Rights in conjunction with article 11(1) on the right to adequate housing to discrimination suffered by migrants and refugees in access to existing housing. By placing a specific emphasis on understanding states parties’ obligations under the Covenant, the article clarifies the standards applicable for examining discrimination against migrants and refugees in access to housing through a structured account. This account contributes to existing scholarship both on the Covenant in general,... (More)
With a critical focus on the interpretative work of the Committee on Economic, Social and Cultural Rights, this article sets out the parameters of applying non-discrimination under article 2(2) of the International Covenant on Economic, Social and Cultural Rights in conjunction with article 11(1) on the right to adequate housing to discrimination suffered by migrants and refugees in access to existing housing. By placing a specific emphasis on understanding states parties’ obligations under the Covenant, the article clarifies the standards applicable for examining discrimination against migrants and refugees in access to housing through a structured account. This account contributes to existing scholarship both on the Covenant in general, and the right to adequate housing in particular. Offering a methodical explanation of how state accountability could be secured to remedy the harms of discrimination against migrants and refugees in access to housing, the article shines light on the normative value and potential of the Covenant in this context. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Access to housing, Non-discrimination, Migrants and refugees, ICESCR, Reasonableness, Proportionality, Obligations, Mänskliga rättigheter
in
International Journal of Discrimination and the Law
volume
25
issue
2
pages
25 pages
external identifiers
  • scopus:105008217383
DOI
10.1177/13582291251326810
project
Right to Access Housing for Migrants and Refugees: An Inquiry into the Unfulfilled Promises of International Law
The Borders Within: the Multifaceted Legal Landscape of Migrant Integration in Europe
language
English
LU publication?
yes
id
598b77cb-a7fe-40d1-af3f-99cdd212c09b
date added to LUP
2025-02-16 15:42:56
date last changed
2025-07-04 04:01:15
@article{598b77cb-a7fe-40d1-af3f-99cdd212c09b,
  abstract     = {{With a critical focus on the interpretative work of the Committee on Economic, Social and Cultural Rights, this article sets out the parameters of applying non-discrimination under article 2(2) of the International Covenant on Economic, Social and Cultural Rights in conjunction with article 11(1) on the right to adequate housing to discrimination suffered by migrants and refugees in access to existing housing. By placing a specific emphasis on understanding states parties’ obligations under the Covenant, the article clarifies the standards applicable for examining discrimination against migrants and refugees in access to housing through a structured account. This account contributes to existing scholarship both on the Covenant in general, and the right to adequate housing in particular. Offering a methodical explanation of how state accountability could be secured to remedy the harms of discrimination against migrants and refugees in access to housing, the article shines light on the normative value and potential of the Covenant in this context.}},
  author       = {{Atalay, Serde}},
  keywords     = {{Access to housing; Non-discrimination; Migrants and refugees; ICESCR; Reasonableness; Proportionality; Obligations; Mänskliga rättigheter}},
  language     = {{eng}},
  number       = {{2}},
  pages        = {{134--159}},
  series       = {{International Journal of Discrimination and the Law}},
  title        = {{For Whom is the House Kept? Making ICESCR Work to Counter Discrimination Against Migrants and Refugees in Access to Adequate Housing}},
  url          = {{http://dx.doi.org/10.1177/13582291251326810}},
  doi          = {{10.1177/13582291251326810}},
  volume       = {{25}},
  year         = {{2025}},
}